This Act may be cited as the
Services, Education, and
Rehabilitation for Veterans Act or the
SERV Act.

2.

Veteran’s
treatment courts

(a)

Delegation

The
Director of the Office of National Drug Control Policy (referred to in this Act
as the Director) shall delegate the authority to administer the
program and other such activities necessary to carry out this Act to the
Department of Justice.

(b)

Grants

The Attorney General may make grants to
States, State courts, local courts, units of local government, and Indian
tribal governments acting directly or through agreements with other public or
private entities, for the purpose of developing, implementing, or enhancing
veteran’s treatment courts or expanding operational drug courts to serve
veterans.

(c)

Eligibility

Grants under this Act shall be made to
veteran’s treatment courts and drug courts serving veterans that effectively
integrate substance abuse treatment, mental health treatment, mandatory drug
testing, sanctions and incentives, and transitional services, in a judicially
supervised court setting with jurisdiction over nonviolent, substance-abusing
offenders that have served in the United States military.

3.

Grant
Authority

The Attorney General
may make grants to States, State courts, local courts, units of local
government, and Indian tribal governments, acting directly or through
agreements with other public or private entities, for programs that
involve—

(1)

continuing
judicial supervision over offenders with substance abuse or mental health
problems who are not violent offenders and have served in the United States
military; and

(2)

the integrated
administration of other sanctions and services, which shall include—

(A)

mandatory periodic
testing for the use of controlled substances or other addictive substances
during any period of supervised release or probation for each
participant;

(B)

substance abuse
and mental health treatment (such as treatment for depression and
post-traumatic stress disorder) for each participant;

(C)

diversion,
probation, or other supervised release involving the possibility of
prosecution, confinement, or incarceration based on noncompliance with program
requirements or failure to show satisfactory progress; and

(D)

programmatic,
offender management, and aftercare services such as relapse prevention, health
care, education, vocational training, job placement, housing placement, and
child care or other family support services for each participant who requires
such services.

4.

Applications

(a)

In
general

To request a grant under this Act, a State, State court,
local court, unit of local government, or Indian tribal government shall submit
an application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.

(b)

Applications

In
addition to any other requirements that may be specified by the Attorney
General, an application for a grant under this Act shall—

(1)

include a
long-term strategy and detailed implementation plan;

(2)

explain the
applicant's inability to fund the program adequately without Federal
assistance;

(3)

certify that the
Federal support provided will be used to supplement, and not supplant, State,
Indian tribal, and local sources of funding that would otherwise be
available;

(4)

identify related
governmental or community initiatives which complement or will be coordinated
with the proposal;

(5)

certify that there
has been appropriate consultation with all affected agencies, specifically the
Department of Veterans Affairs and the Department of Health and Human Services,
and that there will be appropriate coordination with all affected agencies in
the implementation of the program;

(6)

certify that
participating offenders will be supervised by 1 or more designated judges with
responsibility for the veteran’s treatment court program;

(7)

specify plans for
obtaining necessary support and continuing the proposed program following the
conclusion of Federal support; and

(8)

describe the
methodology that will be used in evaluating the program.

(c)

Certifications

Each
such application shall contain the certification that the program for which the
grant is requested shall meet each of the requirements of this Act.

5.

Federal
share

The Federal share of a
grant made under this Act may not exceed 75 percent of the total costs of the
program described in the application submitted under section 4 for the fiscal
year for which the program receives assistance under this Act, unless the
Attorney General waives, wholly or in part, the requirement of a matching
contribution under this section. In-kind contributions may constitute a portion
of the non-Federal share of a grant.

6.

Reports and
evaluations

(a)

Report to
Attorney General and the Director

For each fiscal year, each
recipient of a grant under this Act during that fiscal year shall submit to the
Attorney General, the Director, and the Secretary for Veterans Affairs a report
regarding the effectiveness of activities carried out using that grant. Each
report shall include an evaluation in such form and containing such information
as the Attorney General may reasonably require. The Attorney General shall
specify the dates on which such reports shall be submitted.

(b)

Report to
Congress

The Director, in consultation with the Attorney General,
shall submit a yearly report on the effectiveness on the activities carried out
under this Act to the House and Senate Committees on the Judiciary and the
House and Senate Committees on Veterans Affairs.

7.

Definitions

In this Act:

(1)

Veteran

The
term veteran means a person who served in the active military,
naval, or air service, and who was discharged or released therefrom under
conditions other than dishonorable.

(2)

Veteran’s
treatment court

The term veteran’s treatment court
means a program specifically for veterans that meets the drug court criteria
established by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322).

(3)

Violent
offender

The term violent offender means a person
who—

(A)

is charged with or
convicted of an offense, during the course of which offense or conduct—

(i)

the
person carried, possessed, or used a firearm or dangerous weapon;

(ii)

there occurred
the death of or serious bodily injury to any person; or

(iii)

there occurred
the use of force against the person of another, without regard to whether any
of the circumstances described in clause (i) or (ii) is an element of the
offense or conduct of which or for which the person is charged or convicted;
or

(B)

has 1 or more
prior convictions for a felony crime of violence involving the use or attempted
use of force against a person with the intent to cause death or serious bodily
harm.

8.

Administration

(a)

Consultation

The
Attorney General shall consult with the Secretary of Veterans Affairs, the
Secretary of Health and Human Services, and any other appropriate officials in
carrying out this Act.

(b)

Regulatory
authority

(1)

In
general

The Attorney General may issue regulations and guidelines
necessary to carry out this Act.

(2)

Participation
limits

In addition to the general authority provided under
paragraph (1), the Attorney General shall—

(A)

issue regulations
and guidelines to ensure that programs authorized in this Act do not permit
participation by violent offenders; and

(B)

immediately
suspend funding for any grant under this part, pending compliance, if the
Attorney General finds that violent offenders are participating in any program
funded under this part.

(c)

Geographic
distribution

The Attorney General shall ensure that, to the
extent practicable, an equitable geographic distribution of grant awards is
made under this Act.

9.

Technical
assistance, training, and evaluation

(a)

Technical
assistance and training

The Attorney General may provide
technical assistance and training in furtherance of the purposes of this
Act.

(b)

Evaluations

The
Attorney General may provide for evaluations in furtherance of the purposes of
this Act.

10.

Funding for the
national drug court institute

(a)

Comprehensive,
national training and technical assistance for drug courts

The
National Drug Court Institute in Alexandria, Virginia, shall—

(1)

conduct national,
comprehensive training programs for State and local communities for the purpose
of improving the professional skills of drug court practitioners and enhancing
the ability of State and local communities to expand drug courts to reach all
addicted citizens in need of their resources; and